Ending a Joint Tenancy Agreement in Scotland: Your Essential Guide

If you're renting with others under a joint tenancy agreement in Scotland, ending the tenancy can seem confusing and stressful. Whether you want to move out, your circumstances have changed, or your co-tenants are also leaving, it's essential to understand the legal process and your rights. This guide will help you navigate ending a joint tenancy in Scotland, step by step, using up-to-date information and trustworthy official resources.

Understanding Joint Tenancies in Scotland

In Scotland, a joint tenancy means two or more people are listed as tenants on a single tenancy agreement. This is common in shared houses and HMOs (Houses in Multiple Occupation). All joint tenants share equal rights and responsibilities under the contract. Typically, a joint tenancy is a Private Residential Tenancy (PRT) if it started on or after 1 December 2017, or an Assured Tenancy/Housing Association Tenancy if started earlier.

• All tenants are equally responsible for the rent, bills, and any damage.
• If one tenant leaves, it may impact the tenancy for everyone.
• Usually, you can't end your part alone without the agreement of all tenants and the landlord.

Read more about tenancy agreements on mygov.scot.

How Can a Joint Tenancy Be Ended?

A joint tenancy can be ended in three main ways:

• By all tenants and the landlord agreeing to end it (by mutual consent)
• One or more tenants serve notice, with the correct process
• Landlord serves notice to end the tenancy

Below we explain how each process works and the steps renters should follow.

Ending a Joint Tenancy By Agreement

The simplest way is for all tenants to agree with the landlord to end the tenancy. This is often called 'mutual consent'. All parties, including every tenant named on the agreement, should confirm in writing that they agree to end the tenancy on a specified date. The landlord should respond and confirm acceptance.

What If Only One Tenant Wants to Leave?

Scottish law doesn't automatically allow individual tenants to end their part of a joint tenancy. If you want to leave and your co-tenants want to stay:

• You must all discuss your wishes with your landlord.
• The landlord can agree to end the whole tenancy, or may allow you to transfer (or "assign") your tenancy to someone else, with their written consent.
• Your landlord is not obligated to let you leave unless all agree.

If the landlord agrees, they may draw up a new tenancy agreement for the remaining tenants and the new incoming tenant (if there is one).

Serving Notice to Leave: The Official Process

If you have a Private Residential Tenancy (PRT), the tenants can end the tenancy by giving 28 days' notice in writing to the landlord, or longer, if required by the agreement. All joint tenants must sign and date this notice.

You can use:

• Notice to Leave (Tenants to Landlord)

This is usually a straightforward written letter or email stating your intention to end the tenancy, the date the notice is served, and the date you intend to leave. The official guide from the Scottish Government explains how to end a Private Residential Tenancy.

Example: If three people are joint tenants, all three names and signatures should be on the notice. You do not need to use a specific form, but written evidence is vital.

The landlord may supply their own form, and template letters are available from mygov.scot. Keep a copy of any notice for your records.

What Happens After Giving Notice?

Once all tenants have given notice, the tenancy will end on the agreed date, provided notice periods have been met. All joint tenants must vacate the property together, leaving it in the same condition as at the start (except fair wear and tear).

• Make sure any outstanding rent or bills are paid.
• Return all keys to the landlord or agent.
• Arrange for the return of the tenancy deposit via a government-approved deposit scheme.

If only some tenants leave without proper agreement, the remaining tenants may still be liable for the full rent and for any property issues.

If the Landlord Wants to End the Tenancy

For a Private Residential Tenancy, your landlord must serve a formal Notice to Leave with valid grounds and provide the minimum notice period. If you disagree or feel the notice is unfair, you can contest this at the First-tier Tribunal for Scotland (Housing and Property Chamber). See the official Tribunal website.

Relevant Legislation

• Private Housing (Tenancies) (Scotland) Act 2016
• Housing (Scotland) Act 1988 (for tenancies before Dec 2017)

FAQs: Ending a Joint Tenancy in Scotland

1. Can I end a joint tenancy if my co-tenants don't want to leave?
   Not by yourself. All joint tenants usually need to agree to end the tenancy unless the landlord permits a transfer or replacement.
2. How much notice do we have to give?
   For a Private Residential Tenancy, at least 28 days’ written notice is required by law, unless your agreement specifies a longer period.
3. What happens to the deposit?
   The deposit must be protected in a government-approved scheme. When the tenancy ends, apply for its return from the scheme after checking for any deductions. Learn more about tenancy deposits in Scotland.
4. What if we disagree about ending the tenancy?
   Try to resolve disputes first with your landlord and co-tenants. If that fails, you may seek help from Shelter Scotland or apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).
5. Are there special rules for ending a joint tenancy in an HMO?
   HMOs (shared houses with three or more unrelated tenants) follow the same rules but must also comply with HMO licensing requirements. Check with your local council or visit mygov.scot HMO guidance.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Handles tenancy disputes and tenancy termination cases.
• Shelter Scotland – Free advice for tenants on ending joint tenancies and resolving disputes.
• Citizens Advice Scotland – Free and impartial support for housing and legal queries.
• mygov.scot – Official Scottish Government guidance on all tenancy matters.
• Scottish Government: Tenants' Rights

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. mygov.scot: Ending a private rental tenancy
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Shelter Scotland: Ending a tenancy
5. mygov.scot: Tenancy agreements

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